Criminal Trespassing

By: Vianey Hurtado
Criminal Defense Lawyer
Licensed in Arizona since: 2014

Criminal Trespassing Lawyer With Immigration Experience In Phoenix, AZ

If you're an immigrant facing criminal trespassing charges in Phoenix, the stakes are high. Arizona's criminal penalties can impact your immigration status. They can make it hard to gain citizenship, impede you to obtain residency, or in extreme cases, cause someone to become deportable from the United States. While most trespassing cases are Class 3, 2, or 1 Misdemeanors, some may result in a Class 6 Felony.

At Vianey K. Hurtado Law, we recognize the seriousness of criminal trespassing charges. We provide you with an experienced attorney and a strategic defense. Together, our team will advocate for your rights as an immigrant. Our law firm serves the areas of Phoenix and Yuma.

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VIANEY HURTADO is an incredible lawyer. Since the beginning of my services her and her team made sure I felt well take care of. Her and her team was patient, efficient and compassionate with me.
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Attorney Vianey K. Hurtado is a very honest, professional and patient immigration attorney who gives you confidence in the course of your case. She helped me a lot and very quickly for my residency.
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My father had a very rough immigration case, Vianey did an amazing job. Thank you so much, very grateful for everything you did. My father is now a permanent resident thanks to you.

Defining Criminal Trespassing Charges In Arizona

In Arizona, criminal trespassing is a serious offense. Its severity varies from a misdemeanor to a felony. For immigrants, the risks are even higher. This is especially true if the court determines your charge is a felony.

Here are the classifications for criminal trespassing charges in Arizona:

First Degree Trespassing (A.R.S. 13-1504):

  • Entering or remaining unlawfully on a residential structure
  • Entering or remaining unlawfully in a fenced residential yard.
  • Entering any residential yard and, without lawful authority, looking into the residential structure. This means you are violating the property owner's privacy.
  • Entering residential property to deface religious property or a critical public services facility.

The most common penalty First Degree Trespassing is a Class 1 Misdemeanor. This can result in up to a $2,500 fine, six months in jail, or probation for up to three years.

It can also be a Class 6 Felony. This can happen if someone enters residential property to deface religious assets, or if it involves a critical public services facility.

Second Degree Trespassing (A.R.S. 13-1503):

  • Knowingly entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard.

The penalty for Second Degree Trespassing is a Class 2 Misdemeanor. This can result in up to a $750.00 fine, four months in jail, or two years of probation.

Third Degree Trespassing (A.R.S 13-1502):

  • Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by a law enforcement officer or the owner.
  • Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.

The penalty for Third Degree Trespassing is a Class 3 Misdemeanor. The consequences may include up to 30 days in jail and up to a $500 fine.

How These Charges Can Affect Immigration Status

Various factors determine how a criminal trespassing charge can affect your immigration status.

Criminal trespassing can have serious and lasting consequences for non-citizens in the United States. As a criminal offense, a trespassing conviction may affect a non-citizen's eligibility for lawful immigration benefits, including adjustment of status, visa renewals, and even naturalization. U.S. immigration authorities may view such offenses as a negative factor in discretionary decisions, potentially leading to denial of applications or triggering removal proceedings.

Even a single misdemeanor conviction like criminal trespass can raise concerns about moral character, which is a key component in many immigration applications for relief. Therefore, it's crucial for non-citizens to understand the immigration implications of any criminal charge and seek legal counsel promptly.

Fighting these charges to keep your immigration status intact requires knowledgeable legal guidance. It also requires an understanding of Arizona conviction laws.

Why Clients Choose Vianey Hurtado
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Contact An Experienced Arizona Criminal Trespassing Attorney For Immigrants

At Vianey K. Hurtado Law, our team is willing to do everything possible to fight for you. We provide an experienced attorney to members of the Phoenix and Yuma communities. This attorney will create a relevant strategy to achieve the best outcome for your case.

If you need a criminal trespassing immigration attorney in Phoenix, Arizona, contact us today. We will provide you with a thorough case evaluation.

Schedule a detailed Case Evaluation
Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. Vianey K. Hurtado Law’s legal team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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